Paul Myburgh and Linda Patullo, 2003
In Mehta v Elliot (Labour Inspector) AEC 34/02, AC 2A/03, 9 July 2003 (Judge Colgan), the judge denied extra-territorial scope to protective provisions in the Wage Protection Act 1983 in circumstances where a premium had been paid overseas. The authors analyse the decision, concluding that the judge had arguably (in a difficult, borderline case) overemphasised the general presumption against extra-territoriality in the absence of a clear indication of its territorial reach. They propose that the legislature review the territorial scope of existing statutes and spell out the territorial reach of propsed statutory provisions.
Kenneth J Keith, 2016
The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.